Amanda Knox faces retrial

http://news.sky.com/story/1069850/amanda-knox-faces-retrial-over-kercher-death

Amanda Knox Faces Retrial Over Kercher Death
Italy's top court orders Amanda Knox and her ex-boyfriend, acquitted over the murder of Meredith Kercher, to stand trial again.

Italy's highest criminal court has overturned the acquittal of Amanda Knox and her ex-boyfriend for the murder of British student Meredith Kercher, and ordered a retrial.

Knox and Italian Raffaele Sollecito, who were originally sentenced to 26 and 25 years in prison for killing and sexually assaulting Miss Kercher in 2007, were acquitted on appeal in 2011 after four years in prison.

Reacting to the Supreme Court's decision, Miss Knox said it was "painful" to have the acquittal overturned "when the prosecution's theory of my involvement in Meredith's murder has been repeatedly revealed to be completely unfounded and unfair".

Ms Kercher, 21, was found half-naked with her throat slashed in a pool of blood in her bedroom in the house that she shared with Knox in Perugia in November 2007.

The sister of the murdered Briton, Stephanie Kercher, told Sky News her family welcomed the ruling by the Italian court.

Speaking from Coulsdon in Surrey, the elder sibling said there were "still questions that are unanswered and we are all looking to find out the truth".

"Rudy Guede was convicted along with others so we need to to find out who those other people are but as a family we know there is still a long way to go.

"We welcome the decision that a retrial has been ordered and are pleased it is a step forward to finding an answer to some of those questions," she added.

Knox, 25, returned home to Seattle immediately after her release. It is likely that she will be tried in absentia in the new trial, which will take place in Florence, because the United States does not normally extradite its citizens to face legal action.

A date for the retrial has not yet been set. It is understood that all the DNA evidence will be reviewed.

A third person, Ivory Coast-born drifter Rudy Guede, who like the other two has always denied the murder, is the only person still in jail for the crime.

After choosing to undergo a separate, fast-track trial in 2008, he was found guilty of sexual assault and murder and sentenced to 30 years in prison. This was reduced to 16 years on appeal.

The Kercher family insists that 47 knife wounds on Meredith and the apparent use of two different knives in the attack meant that more than one killer was involved, leaving the second murderer still at large.

Initial handling of the long-running case has been sharply criticised by independent forensic experts.

In her statement following the Supreme Court's decision, Knox said: "I believe that any questions as to my innocence must be examined by an objective investigation and a capable prosecution.

"The prosecution responsible for the many discrepancies in their work must be made to answer for them, for Raffaele's sake, my sake, and most especially for the sake of Meredith's family. Our hearts go out to them.

"No matter what happens, my family and I will face this continuing legal battle as we always have, confident in the truth and with our heads held high in the face of wrongful accusations and unreasonable adversity."

Knox had been scheduled to speak about the trial for the first time on American television in April, when her book about the case, called Waiting To Be Heard, is due to be released.

Sollecito, who turned 29 on Tuesday, is now living with his family near Bari in southern Italy.

Before the decision was known, Guilia Buongiorno, the lawyer representing Sollecito said she was convinced the court would not over-rule the acquittal.

"We are hopeful. We know Raffaele Sollecito is absolutely innocent and we expect that it ends here. Even if it doesn't end here we just need to follow the precis, but I am convinced this case will end here," she said before entering the court.

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Shocking; it's obvious to a blind man that Guede acted alone, and the rest is about hurt pride and a showboating, arrogant, incompetent prosecutor.

I am sure Ms Knox will be steering well clear of Italy: I am sorry for Sollecito though.

Sollecito will fast track out if he's got any sense. This is a farce. The Italian Police are as bad as The PJ. And I wouldn't trust that Prosecutor as far as I could throw him.

As far as I am aware the Italian Police have no authority to demand Knox returns to face a re-trial. So just a farce

I have no idea how it works, but if I was Sollecito, and had a passport, I would be anywhere but Italy right now.

That prosecutor is a bombastic ar@e - anyone who thinks otherwise should read up on his bungling in the Monster of Florence case.

http://www.guardian.co.uk/world/2011/oct/03/giuliano-mignini-knox-prosecutor-conspiracy

He kept jailing the wrong people according to what his 'gut instincts' were telling him on any particular day.

The real serial killer is still at large.

Mignini may well remind you of another fat incompetent.....

I cannot see the US extraditing her to Italy, the evidence would have to be totally overwhelming and, since she was convicted and then freed on appeal, I cannot think that this idiot has anything more to offer. LL

It upsets me to see the Kercher family being used in this way; the idea that there 'must' be two killers because of the number of knife wounds on their poor daughter is frankly ridiculous.

IMO, the right person is already in jail - serving a reduced sentence for a heinous crime because the prosecution decided to grandstand.

Just had a thought - the US will NOT go along with this because they are rather fussy about Double Jeopardy. There is, IMO, no way they are going to allow the extradition of a US citizen because another country wants to keep trying the same case.

muratfan wrote:As far as I am aware the Italian Police have no authority to demand Knox returns to face a re-trial. So just a farce

Nope, she doesn't have to go back, but that will be the end of any jaunts to Europe for Amanda Knox. Raphael Sollicito is however still in Italy, and it would be a sad thing if he had to leave his homeland.

I don't have a lot of time for America's attitude to European Arrest Warrants, but on this occasion I am on their side. The whole thing was hideously inept.

I do feel very sad and sorry for The Kercher Family, but surely they can see what a cock up it was.

I have no doubt that the right person - the only person who killed Meredith - IS in jail, having had his sentence cut in half by the prosecution for spouting a load of lies, Sabot.

The whole thing is shocking.

I don't know about you, Bonny, but I did follow this farce of an investigation, and Court Case, quite closely, and I was horrified. And I just don't understand why Italy is still trying to force what could only ever be an unsafe conviction. How many bloody Trials do they want?

And I am awfully sorry, but, what do The Kercher's want? The obvious suspect is in jail, convicted of Meredith's Murder, which he was perfectly capable of committing all by himself. He then left The Country.
Amanda Knox would have been perfectly justified in doing the same thing, merely due to stress, but she didn't. I wonder why not?

I find it wierd that people cannot see that Meredith's murder was a vicious, meaningless act of violence committed by a scumbag; no, it has to be some kind of complicated plot.

IMO, it comes back to people trying to tell themselves that nice people can never be the victims of random crime in pretty places, it's always got to be some kind of conspiracy, frequently involving witchcraft.

I am very, very sorry for the Kerchers; but this is no way to find justice, closure or anything else.

Okay, so why did The Police and The Prosecutor have to pick on what were basically a couple of relatively nice kids. The two of them would have to have been crazed out of their minds to do such a thing.
And never a drop of blood found on or around either of them in what must have been a blood bath.
Rudy Whatsit however, skipped The Country, so heaven knows what he was covered in.

First rule of incompetent policing, Sabot. Decide who's guilty - bearing in mind that the last thing you care about is actual justice - and what lurid tale is going to get you the most media coverage.

Then invent 'facts' to fit your hypothesis. Throwing in a lot of inventions about sex will also help you get telly time.

Read up on what that clown of a prosecutor did in the Monster of Florence inquiries - it is horrifying. It baffles me why he was employed after than.

So yet another one trying to talk himself out of trouble with a lurid tail. "I done got them, so I must be right about that other cock up I done did."

What is wrong with them? Sounds too much like Gonc's Portugal.

And the Italian Court System...sits once a week, if that

http://www.justlanded.com/english/Italy/Articles/Visas-Permits/Legal-System

The legal system grinds very slowly and it takes years for a case to come to court; the average time between indictment and a court judgement is ten years, and eight out of ten convictions involving prison terms never take effect.

Criminal Courts in Italy

The criminal legal process involves judges, tribunals and assize courts ( corte d’assise), which include juries ( giudici popolari), unlike other courts which are composed entirely of lawyers. Once a trial has been concluded and judgement passed, a party found guilty can appeal the decision to an appeal court. If the appeal fails, it may be possible to appeal to the supreme court, but only on the grounds of the wrong interpretation or application of the law by a judge.

My friends, this was taken from Sky News:

http://news.sky.com/story/1069850/amanda-knox-faces-retrial-over-kercher-death

http://news.sky.com/story/1070240/amanda-knox-told-to-stay-away-from-retrial

Quote:

Judge Heavey, who attracted criticism for writing to the Italian authorities about the case while still serving in his role in the US, says he remains convinced the couple are innocent and that the prosecution case is flawed.

When asked if Knox might return to Italy for any part of the new proceedings, he said: "She may. The intelligentsia of Italy knows she is absolutely innocent.

"But a good proportion of the population, because of what's called confirmation bias, what they've been told so many times, they can't tell you why, but they think she's guilty and that is not a healthy climate for her to be in."

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The hounders and forkers are afflicted by the same irrational mindset, IMO - it's the section of society which revelled in witch-burnings and lynchings.

A fascinating insight into the other side of the story - and a version which, IMO, sounds much more believable:

http://www.dailymail.co.uk/news/article-2308527/My-guard-wanted-know-I-sex-I-liked--Id-Foxy-Knoxys-account-Italian-prison-hell.html